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Work permit in Romania

Work permit in Romania

WORK PERMITS IN ROMANIA

Jurimed’s legal advisers are providing their
support to any Romanian or foreign legal entity carrying out an
activity in Romania to employ staff under an individual employment
contract from the European Economic Area and EU Third Countries, by
providing the following services:

For
legal advice and assistance, please write to jurimedoffice@gmail.comor make an appointment by telephone: (+4) 0723.575.737.

BASIC INFORMATION:

Foreigners
with legal residence in Romania may be employed only based on the
employment approval issued by the General Inspectorate for
Immigration competent for the area, where the registered office of
the company employing the foreign citizen is located.

By way of exception, obtaining the employment
approval for hiring foreigners in Romania is not required for the
following categories of foreigners:

a)
foreigners, whose free access to the labour market in Romania is
established by treaties concluded by Romania with other states;

b)
nationals of the European Union;

c)
foreigners, who will carry out educational or scientific activities,
or other categories of specific activities temporarily in specialized
institutions that are accredited or provisionally authorized in
Romania, based on bilateral agreements or as holders of a right of
temporary residence for performing scientific research activities and
specially qualified personnel, based on the order of the Minister of
National Education, and the foreigners performing artistic activities
in cultural institutions in Romania, based on the order of the
Minister of Culture;

d)
foreigners, who will carry out temporary activities in Romania that
are requested by ministries or other bodies of the central or local
public administration or by autonomous administrative authorities;

e)
foreigners who are appointed as heads of a subsidiary, representative
office or branch in Romania of a company based abroad, in accordance
with the documents provided by Romanian legislation producing such
proof;

f)
foreigners holding a long-term right of residence in Romania;

g)
foreigners holding a temporary right of residence for family reunions
as family members of a Romanian citizen;

h)
foreigners holding a temporary right of residence for studies;

i)
foreigners holding a temporary right of residence granted pursuant to
article 130 of Government Emergency Ordinance no. 194/2002,
republished, as amended and supplemented;

j)
foreigners who have previously received a right of residence in
Romania for at least 3 years, as family members of a Romanian
citizen, and who are in one of the situations provided in article 64
paragraph (2) of Government Emergency Ordinance no. 194/2002,
republished, as amended and supplemented;

k)
foreigners who were granted a form of protection in Romania;

l)
asylum seekers from the date, when they are entitled to gain access
to the labour market according to Law no. 122/2006 on asylum in
Romania, as amended and supplemented, if they are still in the
procedure of determining a form of protection;

m)
tolerated foreigners for as long as they have been given a tolerated
status to stay in Romania;

n)
Foreigners holding a temporary right of residence for studies may be
employed in Romania without an employment approval only under an
individual part-time employment contract with a maximum working time
of 4 hours a day.

The
employment approval is issued by the General Inspectorate for
Immigration at the employer’s request, if the general and special
conditions stipulated by law are met depending on the type of worker.

The
general conditions for the issuance of the employment approval are
the following:

a)
the employer – legal entity, authorized individual or family
enterprise is actually conducting the activity for which it seeks the
foreigner’s employment;

b)
the employer has paid all taxes to the state budget for the last
quarter prior to submitting the application;

c)
the employer has not been finally sentenced for an offense covered by
the Labour Code or for an offense against a person committed
intentionally, stipulated by the Law no. 286/2009 on the Criminal
Code, as amended and supplemented, hereinafter the Criminal Code;

d)
the employer has not been sanctioned for illegal employment in the
last 3 years preceding the application;

e)
the annual quota o types of newly admitted workers on the labour
market established by the Ministry of Labour, Family, Social
Protection and Seniors according to the labour migration policy and
taking into account the labour market situation in Romania has not
been exhausted;

f)
the foreigner, whom the employer intends to employ, meets the
requirements provided in article 6 paragraph (1) letters a), e), g)
and h), article 11 and article 27 paragraph (2) letters c) and e) of
the Government Emergency Ordinance no. 194/2002, republished, as
amended and supplemented, is not in any of the cases of interdicting
the entry in Romania, provided for in article 8 paragraph (1) letters
b)-d) of the Government Emergency Ordinance no. 194/2002,
republished, as amended and supplemented.

SANCTIONS
AND CONTRAVENTIONS:

Receiving
for work purposes of up to 5 foreigners without the right to work in
Romania constitutes the contravention provided in article 260
paragraph (1) letter e) of the Labour Code.

If
this contravention related to receiving for work purposes of
foreigners illegally staying in Romania, one or more of the
additional civil sanctions can be applied:

a)
total or partial loss of the right of the employer/beneficiary of the
rendered services to receive public benefits, aids or subsidies,
including EU funding managed by Romanian authorities for a period of
up to 5 years;

b)
prohibiting the right of the employer/ beneficiary of the rendered
services to participate in the award of a public procurement contract
for a period of up to 5 years;

c)
full or partial recovery of the public benefits, aids or subsidies,
including EU funds managed by the Romanian authorities, which were
granted to the employer/ beneficiary of the rendered services for up
to 12 months before ascertainment of this deed;

d)
temporary or permanent closure of the place(s) of business, where the
contravention was committed, or the temporary or permanent withdrawal
of the license to conduct the professional activity in question, if
justified by the severity of the infringement.

The
ascertainment of contraventions and application of sanctions provided
in articles 35 and 36 are made by the workers of the General
Inspectorate for Immigration and by the labour inspectors of the
territorial labour inspectorates.